Supreme Court of Maryland

Harry Price v. State of Maryland

November 19, 2003378 Md. 378

Summary

The court held that Price's prior conviction for statutory daytime housebreaking was not a qualifying crime of violence under the statute governing mandatory minimum sentences for firearm possession. Because the current statutory list specifically included burglary in the first, second, and third degrees but omitted daytime housebreaking, and because the offenses had different elements, the mandatory five-year sentence was unlawful. The court reversed and remanded for the sentence to be vacated and for new sentencing proceedings.